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Kato & 4 Others v Uganda (Criminal Miscellaneous Application 6 of 2022)

High Court · [2022] UGHCICD 6 · 2022 Preliminary Objection Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending trial on charges of aggravated trafficking in persons; respondent raised preliminary objection challenging the pretrial court's jurisdiction to hear bail applications under Rule 54(1) of the ICD Rules
Decision
Preliminary objection dismissed; main application adjourned for hearing on merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that Rule 54(1) of the ICD Rules, which restricts bail applications to the trial stage after confirmation of charges, is void to the extent that it conflicts with Article 139(1) of the Constitution, which vests unlimited original jurisdiction in the High Court, and Section 14 of the Trial on Indictments Act, which permits bail at any stage of proceedings. The pretrial judge has jurisdiction to hear bail applications. The preliminary objection was dismissed.

Outcome

Preliminary objection dismissed; main application adjourned for hearing on merits

Facts

The five applicants were indicted on three counts of aggravated trafficking in persons under the Prevention of Trafficking in Persons Act 2009. They were arrested on 10 February 2022, detained for over ten days, and charged on 25 February 2022. They were remanded and subsequently committed to the International Crimes Division on 15 August 2022 for pretrial hearing. They filed this application seeking bail pending trial. The Director of Public Prosecutions opposed the application and raised a preliminary objection that under Rule 54(1) of the ICD Rules, an accused may only apply for bail after confirmation of charges by the trial court, not before a pretrial court. The applicants argued that Rule 54(1) contradicts Article 23(6)(a) of the Constitution and Section 14 of the Trial on Indictments Act.

Issues

  1. Whether Rule 54(1) of the Judicature (High Court International Crimes Division) Rules 2016 is inconsistent with Article 23(6)(a) of the Constitution and Section 14 of the Trial on Indictments Act.
  2. Whether a pretrial judge of the International Crimes Division has jurisdiction to hear and determine a bail application before confirmation of charges.
  3. Whether Rule 54(1) of the ICD Rules impermissibly limits the unlimited original jurisdiction of the High Court under Article 139(1) of the Constitution.

Orders

  • Preliminary objection dismissed.
  • Court to proceed to hear the bail application on its merits.
  • Bail application fixed for hearing on 2 November 2022 at 10:00 am.

Rules and key headnotes

Constitutional Law — Supremacy of the Constitution — Inconsistency between Subsidiary Legislation and Constitution — Effect of Inconsistency
Where subsidiary legislation is inconsistent with a provision of the Constitution, such legislation is void to the extent of the inconsistency, pursuant to Article 2 of the Constitution which provides that the Constitution is the supreme law and that any law inconsistent with it is void to the extent of the inconsistency.
Criminal Law & Procedure — Bail — Right to Apply for Bail — Constitutional Right — Timing of Application
Article 23(6)(a) of the Constitution confers on every arrested person the right to apply to court to be released on bail. Section 14 of the Trial on Indictments Act permits the High Court to release an accused on bail at any stage in the proceedings. These provisions are clear and must be interpreted in their natural and ordinary sense, and they confer a right to apply for bail without restriction as to stage of proceedings.
Constitutional Law — High Court Jurisdiction — Unlimited Original Jurisdiction — Limitation by Rules
Article 139(1) of the Constitution vests the High Court with unlimited original jurisdiction in all matters. Any rule that purports to limit this jurisdiction by preventing a High Court judge from entertaining a matter properly before the court has the effect of amending the Constitution and is void to that extent.
Statutory Interpretation — Literal Rule — Application — Clear and Unambiguous Provisions
Where words or phrases in the Constitution or in an Act of Parliament are clear and unambiguous, they must be given their primary, plain or natural meaning. The language used must be construed in its natural and ordinary sense.
Administrative Law — Subsidiary Legislation — Conflict with Parent Statute — Effect
Subsidiary legislation made under an enabling statute must be read subject to the provisions of the parent statute. Where subsidiary legislation conflicts with the parent statute, the parent statute prevails. The ICD Rules, being subsidiary legislation made under the Judicature Act, cannot override Section 14 of the Trial on Indictments Act or the unlimited jurisdiction conferred on the High Court by the Constitution and the Judicature Act.
Human Rights — Right to Bail — Discriminatory Treatment — Equality before the Law
A practice or rule that permits accused persons in one division of the High Court to apply for bail immediately after committal, but denies the same right to accused persons in another division of the same court, is discriminatory and violates the principle of equality before the law.

Legislation cited (26)

Cases cited (8)

  • Attorney General v Tumushabe (2008) EA 26
  • David Wesley Tusingwire v Attorney General (Constitutional Appeal No. 4 of 2016)
  • Mrs. Seforoza Nyamuchoncho (Administrator of the Estate of the Late Justice Polycarp Nyamuchoncho) & Anor vs Attorney General & 2 others High Court Misc. Cause No.241 of 271
  • Namanya Ivan v Uganda (Miscellaneous Cause No. 2 of 2021)
  • Ninyesiga Onesmus v Uganda (Miscellaneous Cause No. 3 of 2021)
  • Tusingwire v Attorney General (Constitutional Petition No. 2 of 2013)
  • Paul Semwogerere v Attorney General (Constitutional Petition No. 1 of 2002)
  • Fox Odoi-Oywelowo & Anor v Attorney General (Constitutional Petition No. 8 of 2003)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Kato & 4 Others v Uganda (Criminal Miscellaneous Application 6 of 2022) [2022] UGHCICD 6 (27 October 2022)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.